Keller v. Adkins et al
| Gregory Keller |
| Felicia Adkins, Heather Yerem, . Grite and . Makemson |
| 2:2023cv02178 |
| August 21, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 JUDGMENT entered. (ANW) |
TEXT ORDER entered by Judge James E. Shadid on 10/17/2023. On September 12, 2023, the Court denied Plaintiff's Petition to Proceed in forma pauperis #4 and directed him to pay the $402 filing fee in full by October 3, 2023. (d/e 9/12/2023). The Court warned Plaintiff that failure to do so would result in the dismissal of this case without prejudice. Id. To date, Plaintiff has not complied, nor has he requested an extension of time. Therefore, this case is DISMISSED without prejudice. The Clerk is directed to enter judgment and close this case. Plaintiff must still pay the full filing fee even though his case has been dismissed. If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis must set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal.(ANW)
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TEXT ORDER entered by Judge James E. Shadid on 9/12/2023. Plaintiff has filed a Petition to Proceed in forma pauperis #4 . According to his prisoner trust fund ledger #7 , Plaintiff has a balance of $970.36 in his trust fund account. Plaintiff spent $615.79 at the commissary in the six months before filing his Complaint on August 21, 2023. Plaintiff received $283.34 in cash deposits and payroll, but he did not disclose these deposits on his IFP petition. Plaintiff has no debts, dependents, or other financial obligations. "Courts have broad discretion in assessing the sufficiency of an applicant's evidence of poverty, especially when it comes to prisoners, who have fewer demands on their income because prisons provide them with food, clothing, shelter, and medical care." See Maboneza v. Kincaid, 798 F. App'x 19, 23 (7th Cir 2020) (finding that inmate who had $1,500 in income in preceding six months was not destitute); Hughes v. Anderson, 829 F. App'x 724, 726 (7th Cir. 2020) (Courts have an "oversight role" and may monitor a prisoner's expenditures "to ensure that the prisoner does not deplete his trust account in order to avoid paying the filing fee."). The Court finds that Plaintiff has sufficient means to pay the $402.00 filing fee in full, based on his lack of financial obligations and his balance of $970.36. Plaintiff's IFP petition #4 is DENIED. Plaintiff will have 21 days from this Order in which to pay the $402.00 filing fee. The failure to pay the filing fee in full on or before October 3, 2023, will result in the dismissal of this case without prejudice. (SAG)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Gregory Keller. (VH) |
| Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 9/20/2023. (ANW) |
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Gregory Keller. (VH) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Gregory Keller.(VH) |
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Filing 3
TEXT ORDER entered by Judge James E. Shadid on 8/21/2023. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street,Peoria,IL 61602.Merit Review Deadline set for 9/11/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Gregory Keller. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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